Will Signing A Release Bar A Subsequent Legal Malpractice Action Against The Attorney Who Secured The Settlement In The First Place?
A recent Appellate Division case raises the prospect that a release – alone – may not foreclose your malpractice action if you believe your attorney may have made an error. However, generally speaking, it would appear that signing a release and settling a case pretty much would put an end to your malpractice case, notwithstanding this case. After all, how can you make a claim after you effectively stated in writing that you are ok with the money settlement? It’s almost like saying you are not happy with a written contract after you signed it. I would imagine that one would need to show some kind of fraud – which is almost impossible to do – in order to be successful in this type of situation.